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1
Prosumentov, Lev M., and Alexander V. Shesler. "METHODS OF CRIMINOLOGICAL RESEARCH." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 108–16. http://dx.doi.org/10.17223/22253513/37/9.
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The article deals with the methods used in the study of the phenomena that make up the subject of criminology. The main task is to analyze the content of the methodology, general scientific methods, private methods and techniques used in criminological studies. In the course of their work, the authors used metaphysics and dialectic as a methodology; showed the specifics of their application to crime, as well as legal background for the nature of criminality e.g. its public danger. The authors used such general scientific methods as general scientific approaches and mid-level theories. In the case of criminality, the use of a systematic approach and philosophical teaching about human activity is shown. This enabled them to present criminality as a system the structural trait of which is a crime, and a holistic quality is a public danger which synthesizes the public danger of crimes, perpetrators and criminal groups. As a theory of the middle level, the theory of psychological alienation of the person is applied, according to which the typological feature of the criminal's personality is its anxiety for its social or biological status since the crime is psychological protection for external circumstances that cause such anxiety. Among private methods, the emphasis is on the statis-tical method used to characterize quantitative-quality crime indicators and a sociological one (interviewing, conversation, interviews, expert evaluation, analysis of documents, observa-tion). The methods above have limited possibilities: criminal statistics operate with data only on the recorded crimes, reflected in the documents of primary records, the closed criminal environment does not allow to use the method of included surveillance; the method of inter-viewing the participants of criminal groups and their relatives often gives false information, or cannot be applied because the persons in question refuse to be involved in questioning at all; the experiment deals only with certain aspects of criminal justice. The authors conclude that the combination of methodology, general scientific and specific research methods, the specificity of their application to group crime form the methodology of its study. They point out the application in criminology of sociometric and stratometric methods, by which the mechanism of formation, the dynamics of the development of criminal groups is shown, their classification is given, the number of group members is revealed, their status in the group and the structure of the group is established.
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Billis, Emmanouil. "On the methodology of comparative criminal law research." Maastricht Journal of European and Comparative Law 24, no. 6 (December 2017): 864–81. http://dx.doi.org/10.1177/1023263x17745795.
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Comparative legal research aims at identifying modern trends in, and searching for convergences and divergences between more than one legal system. Any meaningful implementation of elements of foreign legal systems at the national level and the smooth realization of the objectives of international and supranational justice presuppose a reciprocal understanding between legal orders that adhere to different traditions in terms of their normative foundations. This study focuses on the methodological questions of basic comparative research in the field of criminal justice. The article first briefly addresses the general problem of defining the aims and methods of a (comparative) research project (Section 1). Subsequently, the article explores the research method of functional comparison. The application of the functional method to the analysis of judgments rendered by supranational and international courts is also examined using the example of a recent case decided by the Court of Justice of the European Union on limitation periods (Section 2). The article concludes with an introduction to the construction and application of ideal types for the purposes of analysis and comparison, using the examples of criminal prosecution and procedure, with a special focus on modern evidentiary and plea-bargaining proceedings (Section 3).
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Pudovochkin, Y. E., and M. M. Babayev. "The Need to Update the Research Methodology in Criminal Law Science." Pravosudie / Justice 2, no. 4 (December 25, 2020): 14–43. http://dx.doi.org/10.37399/2686-9241.2020.4.14-43.
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Introduction. The current state of criminal-political theory requires not only a substantive, but also a methodological renewal. This is both through the active creation of new methods and research directions, and also by utilization of already well established methodological principles. One of these principles, is the principle of unity and the struggle of opposites, which taken together constitute the core of dialectical methodology. This to some extent discredited in the history of Russian science, but its potential has not been fully revealed. Deprived of ideological flair, the study of criminal policy from the point of view of analysing its constituent contradictions is a new and promising area of research in the sphere of domestic legal science. Materials and Methods. The study was carried out using the tradition of dialectical understanding of the content and essence of any social phenomenon. This is by a methodology where its state at each specific moment of time is determined by the content and ratio of the opposites that form this phenomenon. From these positions, the current practice of the implementation of criminal policy and its assessment in modern literature are the subject of research. Results. In the analysis of the system of contradictions in criminal policy, it is promising to single for future independent research, two areas. The first is contradictions in the development and contradictions in the functioning of criminal policy. The second is the representation of the relationship between the opposite characteristics of the functioning of criminal policy at a given moment in time. This develops within a certain interval of policy development and manifests itself as a type of tendency. They can both be presented in the form of several groups that reveal the dialectic of the ideal and the material, the structure and functions of the system, the forthcomingly due and the current existing. Discussion and Conclusion. It is fundamentally important to distinguish between contradictions in the functioning of criminal policy and the subjective assessment of criminal policy itself as contradictory. If the subjective assessment is largely dictated by the ideological position of the observer, then the objective contradictions in the functioning of criminal policy are characterised by the eternal coexistence of opposites and their indestructibility. This presupposes their resolution in the context of the multi-vector development of society on a democratic basis by reaching agreement, and in some cases a compromise. The resolution of contradictions in the functioning of criminal policy should be subordinated not so much to the goal of optimising lawmaking or law enforcement activities, but rather to the goal of minimising crime and protecting constitutional values from criminal threats.
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Tarnavsky, Oleg Aleksandrovich. "The goal of the methodology for legal regulation of victim protection." SHS Web of Conferences 118 (2021): 03009. http://dx.doi.org/10.1051/shsconf/202111803009.
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The purpose of the research is to develop a theoretical concept of a security and recovery arrangements for protecting the violated rights and interests of persons, who have suffered from the commission of crimes in the framework of criminal proceedings, with the determination of the development prospects, legal support as well as the use in law enforcement practice. The methodological background of this research was such fundamental methods of scientific knowledge as general methods (analysis, synthesis, induction, deduction, analogy), as well as special methods (comparative legal and formal legal). The research resulted in making the conclusion about the positive transformations in the criminal process of recent years; finally, the victim of a crime is gradually becoming key in the context of the changes introduced by the criminal procedural legislation. But it is believed by the author that the improvement of the criminal procedural mechanism should be not occasional but a comprehensive reform of the goals, objectives and principles of all criminal procedural activities, with an emphasis on the compensatory mechanism of legal regulation. The novelty of the research lies in the author’s approach to the consideration of the stated problem and that it made it possible to assert that the scientific understanding of the ideological content of the methodology of legal regulation of the protection of a victim implies the reform of criminal proceedings, from its content to the procedural position of the victim and restorative procedures.
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Teichmann, Fabian Maximilian Johannes. "Methods of bribery in multinational corporations." Journal of Financial Crime 26, no. 4 (October 7, 2019): 1078–84. http://dx.doi.org/10.1108/jfc-05-2018-0049.
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Purpose This paper aims to investigate how bribery is conducted in multinational corporations. In particular, sources of funding and methods of transferring bribes are investigated. Design/methodology/approach In all, 100 interviews were conducted with criminals and white-collar crime prevention experts, and responses were subjected to qualitative content analysis. Findings The interviews and survey revealed concrete techniques for creating funds for bribery and transferring bribes to counterparties. The results indicate that the compliance mechanisms aimed at preventing bribery in multinational corporations can be easily circumvented. Research limitations/implications This study’s findings were limited to the perspectives of 100 interviewees. Hence, it is possible that a study with a larger sample conducted in different countries or at a different time could have yielded different results. Practical implications Identifying the concrete methods of funding and transferring bribes should provide both compliance officers and legislators with valuable insights into criminal activity. By better understanding the specific steps taken by criminals, compliance officers should be able to more effectively combat bribery. Originality/value Whereas the prior literature has focused on the organizations and mechanisms involved in combating bribery, this paper instead explores how criminals avoid detection by taking into account existing compliance mechanisms and criminal perspectives.
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Lenkhoboeva, Tatiana Robertovna. "Criminal TV report: assessment methodology (on the example of the Republic of Buryatia)." Филология: научные исследования, no. 11 (November 2020): 49–55. http://dx.doi.org/10.7256/2454-0749.2020.11.34285.
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This article attempts to develop methodology for assessing criminal TV reports. The subject of this research is the criteria for assessing the quality of criminal TV report. For conducting detailed assessment of criminal TV report, all criteria were divided into four groups: compliance with legal norms; observance of ethical standards; usage of legal terminology; and adherence to technological parameters. For the assessment of first criterion, all legal norms in criminal TV report can be divided into the following categories: appropriate coverage of investigation, coverage trial, and coverage of situation when the offender or the victim is a minor. In assessment of the parameter “usage of legal terminology", it is emphasized that the journalist should apply such terms as “suspect” and “offender” properly. In analysis of the third parameter, we author relies on the criteria proposed by S. A. Muratov. The questions of improvement of TV content, specifically with regards to criminal journalism, remain relevant. This described methodology would help to improve the forms of submission of the materials and heighten the interest of target audience of mass media. The research was conducted in several steps. Firstly, the author examined the structure of criminal content of Arig Us TV channel. Secondly, , carried out classification of criminal TV reports by topic. Thirdly, developed parameters and criteria for quality assessment of criminal TV reports. And finally, at the stage of testing, analyzed the quality of criminal TV reports. The methods used in the course of this research include classification, analysis, and paperwork.
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Farris, James R. "Criminal Investigation - Art or a Science." Journal of Contemporary Criminal Justice 3, no. 4 (December 1987): 35–43. http://dx.doi.org/10.1177/104398628700300403.
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There is a trend among teachers and practitioners of criminal investigation to consider quantitative methods of research to be far more valid and efficacious than qualitative methods. The purpose of the paper is to persuade the reader that criminal investigation is more art than science, and quantitative research should merely be ancillary to qualitative. More articles and books are needed that are not limited in scope to the quantifiable, but are based upon or address the subject of qualitative methodology.
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Veresha, Roman. "Criminal and legal characteristics of criminal intent." Journal of Financial Crime 24, no. 1 (January 3, 2017): 118–28. http://dx.doi.org/10.1108/jfc-02-2016-0013.
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Purpose This paper aims to consider the problems related to criminal legal characteristics of the crime objective and to analyze specific features of the crime objective as the subjective aspect of crime. Design/methodology/approach Research methodology used in studying the criminal legal characteristics of the crime objective was based on the dialectical method of scientific cognition of the social and legal phenomena, its laws and categories. The author used general scientific research methods, systematic, historical, logical and functional, and observation, analysis, comparison and the empirical sociological method. Findings Definition of the crime objective as one of the subjective aspects related to the socially dangerous act will be helpful to detect the real causes of crime and to apply the right type and term of punishment. The crime objective should be understood as the important, well-defined features of conscious mental image of the future desired result, which determines the orientation and order of various actions aimed at crime commitment. Originality/value The paper substantiated the need to determine crime objective as one of the signs of the subjective aspect of crime. This will reveal the real causes of crime and apply the right type and term of punishment. It was established that the crime objective was a psychological phenomenon, and the question of its analysis and study had to be settled with regard to psychology and criminology, which will influence its cognition. The paper provided a definition of crime objective. Based on a scientific approach to the theoretical definition of the objective in the criminal law and the place in the subjective aspect of crime, the author presumed that crime objective had to be regarded as an optional feature of the subjective aspect of crime.
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Zubenko, Evgenii Vladimirovich, Evgenii Nikolaevich Bugaev, and Darima Andreevna Garmaeva. "On the role of legal education of non-professional participants of criminal proceedings in the criminal science." Полицейская и следственная деятельность, no. 2 (February 2021): 19–25. http://dx.doi.org/10.25136/2409-7810.2021.2.29450.
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The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science.
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Zhesterov, Pavel V. "The Place of Criminal Repression in the Modern Criminal Law Futurology." Legal education and science 10 (October 8, 2020): 35–40. http://dx.doi.org/10.18572/1813-1190-2020-10-35-40.
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Purpose. The author reveals the issues of a new direction of criminological foresight - criminal law futurology. The author clarifies the role of predictions in the fight against crime and the prevention of crimes by criminal means. Methodology: the study uses a set of dialectical, systemic, logical methods. The author pays special attention to the genesis of the essence and content of criminological forecasting. Conducts a comparative analysis of the latest forecasting methods, based on the use of modern technologies and based on mathematical tools. Conclusions. The author concludes that further short-term and long-term criminological studies of a prognostic nature are necessary, the results of which can be more widely used in the formation and implementation of criminal policy. The author indicates promising directions for further scientific research.
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Arstein-Kerslake, Anna, Piers Gooding, Sarah Mercer, Marlena Raymond, and Bernadette McSherry. "Implementing a Participatory Human Rights-Based Research Methodology: The Unfitness to Plead Project." Journal of Human Rights Practice 11, no. 3 (November 1, 2019): 589–606. http://dx.doi.org/10.1093/jhuman/huz034.
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Abstract This article describes a novel action-research methodology that combines aspects of participatory methods and emancipatory principles into a human rights-based framework. The history of these different methods is discussed and the authors then explain how the methods can be combined to create a participatory human rights-based research methodology. This new methodology has the potential for high social impact, community inclusion, and scholarly output. The article also describes the implementation of the methodology on a project which analysed the human rights compliance of unfitness to plead laws in the Australian criminal justice system. This project developed a system of support persons within community legal centres across Australia in order to build an evidence-base for good practice in supporting people with cognitive disability who are charged with a crime. The new participatory human rights-based methodology was successful on this project and is replicable in future human rights research.
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Teichmann, Fabian Maximilian Johannes. "European antiquities trade: a refuge for money laundering and terrorism financing." Journal of Money Laundering Control 22, no. 3 (July 2, 2019): 410–16. http://dx.doi.org/10.1108/jmlc-09-2017-0051.
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Purpose This paper aims to demonstrate how criminals launder money in the antiquities trade in Austria, Germany, Liechtenstein and Switzerland. Design/methodology/approach A qualitative content analysis of 58 semi-structured expert interviews with both criminals and prevention experts and a quantitative survey of 184 compliance officers revealed the concrete techniques used to launder money in the European antiquities trade. Findings The antiquities market facilitates the placement, layering and integration of the transfer of assets to terrorist organizations. Most importantly, it is among the few profitable methods of laundering money. Research limitations/implications As the findings of the qualitative study are based on semi-standardized interviews, they are limited to the 58 interviewees’ perspectives. Practical implications The identification of concrete methods of money laundering and terrorism financing aims to provide compliance officers, law enforcement agencies and legislators with valuable insight into criminal activity. Originality/value While the existing literature focuses on organizations fighting money laundering and the financing of terrorism, this study instead describes how criminals avoid detection by taking into account prevention and criminal perspectives.
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Repetskyi, Serhii. "Criminal offenses of terrorist direction in criminal legislation of foreign countries." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 181–88. http://dx.doi.org/10.33098/2078-6670.2021.11.23.181-188.
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Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".
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Saari, Tiina, Noora Ellonen, and Matti Vuorensyrjä. "Employee well-being of Finnish criminal investigators – mixed methods approach." International Journal of Organization Theory & Behavior 23, no. 1 (December 17, 2019): 85–99. http://dx.doi.org/10.1108/ijotb-05-2019-0056.
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Purpose The purpose of this paper is to compare the employee well-being of police officers in different investigative groups. This paper analyses crime investigators’ employee well-being from four perspectives: organisational commitment, job satisfaction, exhaustion and turnover intentions. Design/methodology/approach The analysis is based on Finnish Police Personal Survey data (n=6,698), and qualitative and quantitative analysis methods are utilised. Findings Significant differences between investigative groups were found, and the police officers working in short-term investigations had the lowest level of well-being. The qualitative results revealed the employee- and organisational-level reasons behind these attitudes. One major issue is the lack of meaningfulness in work as the respondents describe their jobs as boring and monotonous and report that they do not have the appropriate resources to do their work as well as they wish. Practical implications To enhance the well-being of the investigators, police forces should improve the ways of leadership and invest more resources especially on short-term investigation to diminish the insecurity and ensure the quality and continuity of the work. Originality/value Research on the well-being of police officers has mostly focused on officers conducting surveillance or emergency operations, and there is very little knowledge of the well-being of crime investigators. This research adds to the limited knowledge on employee well-being of crime investigators.
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Sangkaran, Theyvaa, Azween Abdullah, and NZ Jhanjhi. "Criminal Community Detection Based on Isomorphic Subgraph Analytics." Open Computer Science 10, no. 1 (July 1, 2020): 164–74. http://dx.doi.org/10.1515/comp-2020-0112.
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AbstractAll highly centralised enterprises run by criminals do share similar traits, which, if recognised, can help in the criminal investigative process. While conducting a complex confederacy investigation, law enforcement agents should not only identify the key participants but also be able to grasp the nature of the inter-connections between the criminals to understand and determine the modus operandi of an illicit operation. We studied community detection in criminal networks using the graph theory and formally introduced an algorithm that opens a new perspective of community detection compared to the traditional methods used to model the relations between objects. Community structure, generally described as densely connected nodes and similar patterns of links is an important property of complex networks. Our method differs from the traditional method by allowing law enforcement agencies to be able to compare the detected communities and thereby be able to assume a different viewpoint of the criminal network, as presented in the paper we have compared our algorithm to the well-known Girvan-Newman. We consider this method as an alternative or an addition to the traditional community detection methods mentioned earlier, as the proposed algorithm allows, and will assists in, the detection of different patterns and structures of the same community for enforcement agencies and researches. This methodology on community detection has not been extensively researched. Hence, we have identified it as a research gap in this domain and decided to develop a new method of criminal community detection.
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Miranda, Diana. "Criminal Investigation Through the Eye of the Detective: Technological Innovation and Tradition." Surveillance & Society 13, no. 3/4 (October 26, 2015): 422–36. http://dx.doi.org/10.24908/ss.v13i3/4.5403.
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Technological elements and scientific knowledge are steadily transforming both the traditional image of the detective and the nature of contemporary police work. However, despite the potential utility of scientific methods and new technologies in criminal investigations, there are many barriers surrounding their application. We explore these barriers through a qualitative and comprehensive methodology, utilising a set of semi-structured interviews and informal conversations with criminal investigators.We use theoretical contributions from social studies of science and technology, surveillance studies and policing research to analyse how soft and hard forms of surveillance are applied in the practices of the Portuguese Criminal Investigation Police (Polícia Judiciária). The technological artefacts are both shaped by and shape how criminal investigators work. Consequently, it is necessary to explore how the collectives of human and non-human elements are constituted. By analysing the fusion of traditional methods of criminal investigation (hard surveillance) with new technologies of collection and use of information (soft surveillance) we see a hybrid figure of the contemporary detective emerging; a product of both the past and the present. In a context where innovation is sometimes constrained, traditional methods continue to endure. Nevertheless, the expansion of computerisation and police databases has had significant impact on how police information is collected and recorded.
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Askerova, Matanat Pasha. "Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan." Юридические исследования, no. 7 (July 2021): 48–60. http://dx.doi.org/10.25136/2409-7136.2021.7.36043.
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The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.
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Verenich, Igor Vasilievich. "Theoretical and applied bases for overcoming obstruction of criminal investigations." Юридические исследования, no. 6 (June 2020): 36–46. http://dx.doi.org/10.25136/2409-7136.2020.6.33390.
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The subject of this research is the theoretical and practical bases for overcoming obstruction of criminal investigations, criminal phenomenon of obstruction of justice, elements of obstruction, as well as measures for discovering criminal obstruction. The work is aimed at determining the characteristic and innate elements of obstruction of justice, research of the stages, determination of types, tactics and means of this counteraction for putting forth criminalistics versions and investigative planning using the means and methods of overcoming obstruction of investigations. The research methodology of the general scientific methods, including sensory-rational scientific methods (observation, description, comparison, experiment and simulation), logical methods (analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction), mathematical methods (measurement, calculation, geometric construction); methods of criminalistics (forensic identification, fingerprinting, odorology, planning of investigative actions, organization of investigation); and special methods of other sciences, which include physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological and psychological methods. The scientific novelty of this research is defined by the aspect of inquiry into criminal phenomenon of obstruction of justice, overcoming the obstruction, formation of criminalistics doctrine on overcoming obstruction of justice, emergence and establishment of criminalistics doctrine for overcoming obstruction of justice, as well as formation and completion of criminalistics doctrine in its final form as a holistic system of theoretical positions and practical recommendations.
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Мартовицька, О. В. "THE STATE OF SCIENTIFIC RESEARCH OF LEGAL AID IN UKRAINE IN THE SCIENCE OF CRIMINAL PROCEDURE." Juridical science, no. 1(103) (February 19, 2020): 300–308. http://dx.doi.org/10.32844/2222-5374-2020-103-1.36.
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In the article, it has been emphasized the urgency of the issue of the state of legal aid research in Ukraine in the science of criminal procedure. It has been argued that the study of any issue cannot be carried out without the use of certain methods to cover the selected issue, and developed scientific approaches to its solution. It is no exception to the rule of legal aid research in Ukraine. Emphasis has been placed on the fact that a large number of scientific papers are devoted to the study of such an integral element of the institute of legal aid in Ukraine as free legal aid. It has been determined that the institute of legal aid is repeatedly studied both at the general theoretical level and in the branch procedural law. These developments allow us to develop common approaches to determining the nature and significance of legal aid, and the procedure for its provision depending on the type of process. It has been found that the criminal procedure legislation is imperfect, and thorough theoretical research to define the concept, nature and content of the right to legal aid in criminal proceedings, the place of this institution in the national mechanism of human rights and freedoms in Ukraine, and receiving legal aid, the mechanism of realization of this constitutional right by the subjects of the process at its various stages are absent or do not take into account the current changes in the legislation governing the provision of legal aid in general and in criminal proceedings in particular. It is determined that the methodology of legal aid research in Ukraine is primarily the integrated use of methods of both empirical and theoretical knowledge, as well as general methods of research on the formation and development of legal aid in Ukraine, ensuring and implementing the right to legal aid in general and in criminal proceedings in particular. Therefore, the methodology of legal aid research in Ukraine is represented not only by a set of research methods, but also by a system of scientific developments, which should be studied with the help of these methods in order to find a new way to solve the scientific problem. And a very important place in the system of such scientific works is given to textbooks, manuals and methodical recommendations, instructions.
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Khyzhniak, Yevhen, Eduard Rasiuk, Vadim Chabaniuk, Yaroslav Myshkov, and Vadym Davydiuk. "Scientific genesis of operational and search measures to combat intentional homicide by the criminal police." Revista Amazonia Investiga 10, no. 43 (August 31, 2021): 200–208. http://dx.doi.org/10.34069/ai/2021.43.07.20.
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The aim of the article is to consider the scientific genesis of the problem of operational and investigative measures to combat intentional homicide by criminal police units. Subject of research is the stages on development of scientific knowledge on the issue under investigation. Methodology: In the course of the research the following methods are used: analysis and synthesis method, dialectical method, logical and semantic method, historical and legal method, legal modeling method. Research results: The state of scientific researches on the problem of crime prevention by the criminal police in general and intentional homicide in particular was examined. Practical consequences: In the course of the research, the development of scientific knowledge on the prevention of intentional homicide by criminal police units was gradually considered. Value / originality: It is the first study dedicated to the development of the history of prevention of intentional homicide by criminal police units in Ukraine.
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Khyzhniak, Yevhen, Andrii Khankevych, Yevhen Shapovalenko, Viktoriia Shkelebei, and Tetiana Yatsyk. "Features of the prevention of intentional homicide by criminal police units." Revista Amazonia Investiga 10, no. 38 (April 12, 2021): 212–18. http://dx.doi.org/10.34069/ai/2021.38.02.21.
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The purpose of the article is to characterize the features of prevention of intentional homicide in terms of its implementation by criminal police units. Subject of research: The subject of research is the prevention of intentional homicide by criminal police units. Methodology: epistemological and legal method, methods of generalization and analysis, method of grouping, statistical, documentary and social survey methods, logical method are used in the course of the research. The results of the research: The article considers the main problems of determining the place and role of the victim in intentional encroachments on human life. Typical situations that lead to encroachment on life are analyzed, the role of the victim in each specific situation is determined. Practical implications: The main preventive measures to prevent intentional homicide by the police in general and criminal police units in particular are identified. Value / originality: The exceptional importance of intentional homicide preventing under modern conditions is substantiated.
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Kleymenov, Mikhail P. "Problems of criminal legal forecasting of individual criminal behavior." Law Enforcement Review 4, no. 2 (June 30, 2020): 99–108. http://dx.doi.org/10.24147/2542-1514.2020.4(2).99-108.
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The subject of the article is the problem of typical assessments of criminal legal risk by offenders.
The purpose of the article is to confirm or refute the hypothesis that the attitude of various
persons to the possibility of being punished for violating a criminal prohibition can be typologized, and the probability of being punished depends on the criminal's belonging to the
corresponding type.
The methodology includes dialectical, comparative legal, sociological, statistical, psychological methods, expert assessments, generalizing indicators.
The main results, scope of application. The original criminal-legal aspect of predicting individual criminal behavior consists primarily in determining the probability of a potential criminal being brought to criminal responsibility for a possible offense and being punished. Foresight in this case is individual in the literal sense of the word – its subject is primarily a
person who is inclined to commit a crime. The position of the researcher of criminal law
forecasting of individual criminal behavior, who is obliged to put himself "in the place" of a
socially dangerous person, to understand the nature and process of risk assessment, and to
be brought to criminal responsibility, is also original. The attitude of different persons to
the possibility of being brought to justice for violating a criminal law prohibition may vary
widely, acquire a different character, and have specific features. In this regard, theoretically, we can distinguish the following groups of criminal risk: out of risk (“above the law”); habitual risk; "justified" risk; frivolous risk; emotional risk; situational risk; professional risk.
The validity of this typology is confirmed by both empirical experience and materials of
criminal-legal and psychological research.
Conclusion. The magnitude of the criminal legal risk, of course, should be taken into account
in the criminal law policy: both when assessing its purposefulness and effectiveness, and
when solving the task of a comprehensive information and analytical support for it.
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Paryzkyi, Ihor, Serhii Matvieiev, Serhii Bratel, Pavlo Komirchyi, and Artem Zubko. "Administrative justice as a deterrent to the implementation of tasks within criminal proceedings." Revista Amazonia Investiga 10, no. 40 (May 31, 2021): 93–99. http://dx.doi.org/10.34069/ai/2021.40.04.10.
Full textAbstract:
The purpose of the article is to clarify the problems of the institution of administrative justice of Ukraine in the context of the implementation of tasks within criminal proceedings. Subject of research: The subject of the research is the shortcomings in the administrative justice of Ukraine that can create obstacles to achieving the objectives within criminal proceedings. Methodology: The methodological basis of the article are general and special methods of legal science, in particular: dialectical method, logical and semantic method, methods of analyses and synthesis, system and structural method, formal and legal method, method of generalization. Research results: The bases for administrative justice in Ukraine are characterized, its value and main shortcomings are determined. Practical implications: The problems of administrative justice, which are a deterrent to solving problems in criminal proceedings, are analyzed. Value / originality: The consequences of the considered legal incompatibilies are determined and the ways to overcome them are suggested.
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Lantukh, Eduard Vladimirovich, Sergey Viktorovich Petrakov, Albina Vladimirovna Bachieva, Victoria Eduardovna Shunk, and Oksana Leonidovna Romanova. "Quintessence of the forensic methodology for investigating illegal acts committed by foreign nationals." SHS Web of Conferences 108 (2021): 04012. http://dx.doi.org/10.1051/shsconf/202110804012.
Full textAbstract:
Currently, there is a natural and labor migration, which is also the reason for the growth of crimes committed by foreigners. The purpose of the study is to make a complete algorithmized design of the organizational and procedural measures integrated into the methodology of investigation of any crime, the subject of which is a foreigner. Research methods: analysis of statistical data, survey, analysis and synthesis of comparative research of criminal cases, legal rules, fundamental scientific research, deduction. The novelty of the results: in the work, an algorithm in a synthesized form is created, which can be applied without additional processing by an employee of any law enforcement agency that investigates a crime committed by a foreigner.
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Rogers, Colin. "Researching sensitive topics for the police – insights from the UK." Journal of Criminological Research, Policy and Practice 4, no. 2 (June 11, 2018): 89–100. http://dx.doi.org/10.1108/jcrpp-11-2017-0036.
Full textAbstract:
Purpose The purpose of this paper is to illustrate how practical research can be undertaken into sensitive issues within the criminal justice system having cognisance of the needs of those subject to the research process. Design/methodology/approach A mixed methods design which was complicated due to the subject matter being explored, that of historical reporting of sexual offences. Confidential questionnaires and focus group method utilised, but in constant contact with specialised victim support service to ensure rights of victims understood and interwoven into the design. Findings Even though there are some very sensitive areas within the criminal justice system where it is believed research is difficult to undertake, it can be achieved by constant reference to the needs of the victim and strict confidentiality. Given the right circumstances and approach, research into what has been previously considered areas of difficulty can be researched effectively. Research limitations/implications Due to the research methods explored an utilised, a template for research methodology can be seen which can be transferred into any other sensitive topic that requires research. In addition, by undertaking this method, previously unheard voices of victims of historical crimes can be utilised to inform official policy and practice. However, a limitation of the approach can be the low number of respondents wishing to take part. Practical implications Victims have an opportunity to influence public policy. The methods utilised “opens up” the possibility for replication of research into other sensitive areas of the CJS. The methods utilised involved a number of Criminal Justice Agencies which assisted in maximising their understanding of victims experiences thorough the partnership approach. The research methods and results influencing training methods of the police as first responders to such incidents. Social implications The social implications of this paper are that it will encourage other researchers not to be afraid of what appears to be “hard to reach” and sensitive topics in terms of social science research. This will allow for greater numbers of marginalised individuals and victims to engage and influence the criminal justice system, thereby influencing public policy and improving the way victims of crime are treated. Originality/value This paper is one of the few, if any, that explores ethical problems and sensitive topics such as historical reporting of sexual offences. It will have resonance for those who wish to undertake similar types of research.
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Kaluzhina, Marina, Tamara Makarenko, Marina Spasennikova, and Tatyana Vedernikova. "The Methods of Digital Forecasting of Inmate Misconduct in Penal Institutions." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 747–56. http://dx.doi.org/10.17150/2500-4255.2019.13(5).747-756.
Full textAbstract:
The authors use the analysis of existing research ideas regarding the structure and content of the criminological prediction methodology to examine modern approaches to predicting illegal activities in penitentiary institutions. They analyze and classify the objects of prevention — those inmates in places of confinement who need to be controlled while serving their sentence because they have a range of unlawful behavior. In the diagnostic sub-task the object is viewed as a source of information whose attributes and features are studied as they manifest its essence and condition. The authors present a large-scale review of Russian and foreign publications to research the evolution of scientific ideas regarding the contents of the hypothesis as a basis of criminological prediction. While recognizing the value of theoretical criminological achievements, the authors set the goal of analyzing the possible ways of integrating criminology and operative search activities for the identification of pre-criminal behavior in places of confinement. Using the theory of criminological prediction and empirical materials, the authors analyze the possibilities of designing a multi-factor prediction model for individual unlawful behavior by transforming this model into a system of corresponding indicators and risk factors of pre-criminal behavior. They conduct a systemic analysis of the contents of socio-demographic, penitentiary, psychological variables, as well as variables connected with the criminal past as an aggregate of risk factors of pre-criminal behavior. They also describe the essence of digital prediction methods - predictive analytics, analytical intelligence, initiative analytics, - which are used to build a system of indicators for studying and assessing the behavior of certain categories of inmates. The authors show the necessity of using digital analytical methods of making managerial decisions regarding the preventive measures of rapid response in cases of the destructive behavior of inmates. Using the regularities that form the basis of criminological prediction, the authors state that it is necessary to develop the methods of digital prediction and to adapt key features of the digital environment and newest information and telecommunication technologies to solving the tasks of preventing offences among inmates.
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Teichmann, Fabian Maximilian Johannes. "Money laundering in the jewellery business." Journal of Money Laundering Control 23, no. 3 (January 13, 2020): 691–97. http://dx.doi.org/10.1108/jmlc-03-2018-0020.
Full textAbstract:
Purpose This paper aims to illustrate how white-collar criminals launder money in the jewellery business. Design/methodology/approach Semi-structured interviews were conducted with 50 white-collar criminals and 50 compliance and prevention experts in Austria, Germany, Liechtenstein and Switzerland. Following the qualitative content analysis of their responses, a quantitative survey of 200 compliance officers was then conducted in the same geographical area. These two methods reveal the concrete techniques used by money launderers and the compliance industry’s (lack of) awareness. Findings The jewellery business is susceptible to laundering money. It facilitates both the placement and layering of incriminated assets. Research limitations/implications As the findings of the qualitative study are based on semi-standardised interviews, they are limited to the 100 interviewees’ perspectives. Practical implications The identification of concrete methods of money laundering provides valuable insight into criminal activity for compliance officers, law enforcement agencies and legislators. A more profound understanding of the methods used by criminals should foster more effective crime prevention. Originality/value While prior literature predominantly focusses on the organisations and mechanisms aimed at fighting money laundering, this paper considers how criminals avoid detection by exploring both prevention experts’ and criminals’ perspectives.
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Garrihy, Joe, and Aoife Watters. "Emotions and agency in prison research." Methodological Innovations 13, no. 2 (May 2020): 205979912092634. http://dx.doi.org/10.1177/2059799120926341.
Full textAbstract:
The emotionality of prison research has received much justified attention in recent years. However, this aspect of undertaking qualitative research is often not considered by early career researchers until they are confronted with the impact of both researching emotionally laden subjects and employing their emotional agency as the researcher. Emerging from this, the authors argue for the development of a methodology that conceives researchers as emotional agents. This methodology incorporates harnessing emotional experiences as a tool for data collection. In this way, researchers are encouraged and trained to shift from passive to active emotional agents. Thus, far from inhibiting the research, the inherent emotionality of conducting research enhances its rigour, integrity and validity. Emotionality is intrinsic to conducting research in the prison milieu. As such, it warrants constructive employment and integration into existing research methodologies. This article draws on the authors’ respective experiences conducting mixed methods research in prison settings. The authors’ research methodologies incorporated emotional reflexivity as a core constituent throughout their data collection, analysis and the writing of their doctoral studies. The argument will be illustrated by detailing experiences of emotional charge during the fieldwork. To reflect this, the authors advocate for the emergence of an integrative methodology. The development of such a methodology would be of value to prison researchers but particularly to novice and/or doctoral researchers. Furthermore, it would be similarly applicable to researchers throughout the field of criminal justice and beyond.
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Sirotkina, Mariia. "LEGAL REGULATION THE MECHANISM OF CONCLUDING AGREEMENTS AS A MEANS OF REACHING A COMPROMISE IN THE CRIMINAL JUSTICE OF UKRAINE: HISTORICAL ASPECT." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 9(21) (September 30, 2020): 119–29. http://dx.doi.org/10.33098/2078-6670.2020.9.21.119-129.
Full textAbstract:
Purpose. The aim of the article is to study the genesis and development of legal regulation of the mechanism of concluding agreements as a means of reaching a compromise in the criminal justice of Ukraine. Methodology. The methodology involves a comprehensive study of historical and theoretical material on this issue, as well as the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: historical, historical-legal, terminological, formal-logical, system-functional. Results. In the course of the research it was established that the domestic experience of the development of the institution of agreements in criminal proceedings originates from Russka Pravda, which enshrined the rules of simplified proceedings, and the guilty plea directly affected the final decision. An important stage in the development of legal regulation of compromise procedures was the adoption in 1864 of the Statute of Criminal Justice. According to its provisions, if the accused pleaded guilty and his confession did not cause the judge to doubt, the judge could immediately proceed to sentencing in the case, without further investigation. In the pre-revolutionary and Soviet historical periods, the nature of criminal justice was particularly strongly influenced by the political regime. In 1918-1960 there was a significant slowdown in the development of compromise criminal procedure institutions. Scientific novelty. According to the results of the study, it is established that the institution of agreements in criminal proceedings continues its formation taking into account the historical preconditions of its development. Practical significance. The results of the research and historical experience of legal regulation can be used to improve the current legislation of Ukraine, which regulates the mechanism of concluding agreements in criminal proceedings.
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Serebrennikova, Anna V. "Criminal Liability for Crimes Related to Illegal Trafficking of Drugs and Psychotropic Substances: The Status and Prospects." Drug control 4 (December 24, 2020): 3–7. http://dx.doi.org/10.18572/2072-4160-2020-4-3-7.
Full textAbstract:
The purpose of the work is to assess the state of the criminal legislation on responsibility for crimes related to the illegal circulation of narcotic drugs and psychotropic substances. The subject of the research was criminal legislation, judicial practice and doctrinal sources. Methodology: the author used general scientific research methods, as well as a special legal formal dogmatic method. Conclusions: the author of the study, defining the current state of affairs in the field of criminal law combating illicit trafficking in narcotic drugs, psychotropic substances and their analogues in our country, notes the inconsistency and illogicality of the work of criminal law institutions in establishing responsibility for some crimes in this area, and also draws attention to the fact that the determinants of such a problem originate in an insufficiently objective assessment by the legislator of the current state of affairs. Scientific and practical significance: the necessity of taking measures aimed at differentiating the provisions of criminal legislation in this area, as well as introducing such a concept as «illegal drug business» into the current legislation is substantiated.
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Klymchuk, Mykhailo, Sergii Marko, Yevhen Priakhin, Bohdana Stetsyk, and Andrii Khytra. "Evaluation of forensic computer and technical expertise in criminal proceedings." Revista Amazonia Investiga 10, no. 38 (April 12, 2021): 204–11. http://dx.doi.org/10.34069/ai/2021.38.02.20.
Full textAbstract:
The purpose of the article is to clarify the place and role of the expert report based on the results of forensic computer and technical expertise as a source of evidence in criminal proceedings. The subject of the study: The subject of research is forensic computer and technical expertise as a source of evidence in criminal proceedings. Methodology: The method of system analysis, formal and logical, system and structural methods, the methods of modeling and forecasting were used in the course of the research were used in the course of the study. The results of the study: According to the results of the study, the authors conclude that forensic computer and technical expertise is the main procedural form of using special knowledge in the area of computer technology, and its results may be the most important part of the evidence base in the specific criminal proceedings. Practical consequences: It is concluded that the use of the expert report based on the results of forensic computer and technical expertise in criminal proceedings is its application by the subjects of evidence during the qualification of criminal offense to establish facts and circumstances relevant to criminal proceedings and subject to proof, as well as to resolve other tactical tasks. Value / originality: The authors’ definition of assessing expert report based on the results of forensic computer and technical expertise is offered.
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Yu. Zhilina, Natalia, Esita E.Ganaeva, Marina L. Prokhorova, Denis N. Rudov, and Irina V. Savelieva. "THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY." Humanities & Social Sciences Reviews 7, no. 4 (October 3, 2019): 809–12. http://dx.doi.org/10.18510/hssr.2019.74105.
Full textAbstract:
Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility).
Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice.
Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age.
Applications: This research can be used for universities and students in law.
Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.
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Teichmann, Fabian Maximilian. "Recent trends in money laundering and terrorism financing." Journal of Financial Regulation and Compliance 27, no. 1 (February 11, 2019): 2–12. http://dx.doi.org/10.1108/jfrc-03-2018-0042.
Full textAbstract:
Purpose This paper aims to investigate how criminals launder money and finance terrorism through the financial system. Design/methodology/approach In total, 70 interviews were conducted with criminals and white-collar crime prevention experts, whose responses were subjected to qualitative content analysis. Based on the findings, a quantitative survey of 200 compliance officers was carried out. Findings The interviews and survey revealed concrete techniques of laundering money and financing terrorism through the financial services industry and its affiliates. Evidently, the compliance mechanisms aimed at preventing money laundering and terrorism financing can be easily circumvented. Research limitations/implications This study’s findings are limited to the perspectives of 70 interviewees. Hence, it is possible that a study with a larger sample conducted in different countries or at a different time could have yielded different results. Practical implications Identifying the concrete methods of laundering money and financing terrorism should provide both compliance officers and legislators with valuable insights into criminal activity. By better understanding the specific steps taken by criminals, compliance officers should be able to more effectively combat both money laundering and terrorism financing. Originality/value While prior literature focuses on the organizations and mechanisms involved in combating money laundering and terrorism financing, this paper instead explores how criminals avoid detection by taking into account existing compliance mechanisms and criminal perspectives.
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Smatlayev, Baurzhan, Meiram Ayubaev, Svetlana Baimoldina, Indira Saktaganova, Sholpan Ormanova, and Aiman Mutalyapova. "On the improvement of pre-trial dispute settlement in the criminal procedure of the Republic of Kazakhstan." LAPLAGE EM REVISTA 7, no. 3A (September 14, 2021): 608–15. http://dx.doi.org/10.24115/s2446-6220202173a1470p.608-615.
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This article presents a comprehensive theoretical and legal study of the legal nature, legal conditions, principles, the specifics of mediation, the legal status of a mediator in the Republic of Kazakhstan, and the specifics of criminal procedural norms regulating the activities of a mediator. Conducting the research, the authors applied the following general and special scientific methods of cognition: the analysis of legal acts regulating mediation, observation, systematic and logical approaches, as well as specific scientific research methods, formal legal and historical legal methods, the research of leading international and Kazakhstan scientists who have studied this issue. The authors proposed the following improvements: to consider the possibility of normative regulation of the reconciliation of the parties at the pre-trial stage; to develop a methodology for determining the voluntariness of the victim’s agreement; the prosecutor’s explanation of the application of the institution of parties’ reconciliation; and the participation of the lawyer in the recon-ciliation of the parties in the criminal legal proceedings.
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Ludwig, Anika, and Mary Marshall. "Using crime data in academic research: issues of comparability and integrity." Records Management Journal 25, no. 3 (November 16, 2015): 228–47. http://dx.doi.org/10.1108/rmj-05-2015-0017.
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Purpose – Research into crime is reliant on data that is recorded and published by criminal justice agencies; data which is collected for other purposes. Considering the suitability of geocoded crime data for academic research purposes, this paper will demonstrate the difficulties faced regarding the availability, integrity and reliability of readily accessible criminal justice data. Design/methodology/approach – Data from two countries – England and Germany – were considered and set in a wider European Union (EU) context. Using the data received from requests made to the Freedom of Information Act (FOIA) in England and openly published reports and data available from Germany, the authors provide a contextual picture of the availability and operability of data recorded by these agencies. Geocoded data that enable cross-national comparisons with respect to immigration, ethnicity and crime are particularly hard to locate, and conducting research using data (such as crime data) whose “integrity” is questionable in an academic environment becomes increasingly problematic. Findings – Analysing secondary data produced by a number of agencies are amplified due to the different methods of collection, management, retention and dissemination. It was found that even within England, the information provided by police forces varied greatly. Data in Germany were found to be more openly available and published electronically by a number of different criminal justice agencies; however, many of the issues apparent in English data regarding data integrity were also identified here. Originality/value – The need for good record-keeping and information sharing practices has taken on added significance in today’s global environment. The better availability of comparable criminal justice data has the potential to provide academics with increased opportunities to develop an evidence base for policymaking.
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Oheruk, Ihor. "Concerning the abuse of power by an official." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 9(21) (October 2, 2020): 103–10. http://dx.doi.org/10.33098/2078-6670.2020.9.21.103-110.
Full textAbstract:
Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.
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Stepanenko, Oksana, Andriy Stepanenko, and Maryna Shepotko. "Criminal Liability for Provoking Bribery." Cuestiones Políticas 39, no. 69 (July 17, 2021): 492–512. http://dx.doi.org/10.46398/cuestpol.3969.31.
Full textAbstract:
In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.
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Khyzhniak, Yevhen, Andrii Khankevych, Ihor Nazarenko, Oleh Pleskach, and Oleksandr Tretiak. "Model of operational search prediction of intentional homicide by criminal police." Revista Amazonia Investiga 10, no. 40 (May 31, 2021): 37–44. http://dx.doi.org/10.34069/ai/2021.40.04.4.
Full textAbstract:
The purpose of the article is to determine the model of operational search prediction of intentional homicide by criminal police of Ukraine. Subject of research: The subject of research is a model of operational search prediction of intentional homicides by criminal police of Ukraine. Methodology: The methodological basis for the article is general and special methods and techniques of scientific knowledge, in particular: normative and dogmatic method, epistemological method, monographic method, comparative and legal method, modeling method, method of grouping, logical and legal method, method of generalization. Research results: The characteristic of the method of prediction and its use by the bodies of criminal police is given. Practical consequences: The features of the process of construction of operational search model of a situation are considered. International experience of regulating the issue under consideration is studied. Value / originality: Based on the examination of international experience, it is proposed to apply appropriate measures to combat intentional homicide in the activities of the National Police of Ukraine.
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Boucht, Johan. "Asset confiscation in Europe – past, present, and future challenges." Journal of Financial Crime 26, no. 2 (April 1, 2019): 526–48. http://dx.doi.org/10.1108/jfc-04-2018-0043.
Full textAbstract:
Purpose The purpose of this paper is to paint a general picture of the asset confiscation regimes used in Europe and to outline potential challenges, practical and related to issues of principle, associated with the current development with regard to the confiscation of the proceeds of crime and criminals’ proceeds. Design/methodology/approach The paper endeavours to analyse the various steps of the confiscation process, and the various approaches to the confiscation of proceeds of crime and criminals’ proceeds from a holistic perspective. The findings of the paper are based on a literature review along with a legal analysis of the existent legal frameworks. Findings It is suggested that the efficiency of asset confiscation should be looked at from a holistic perspective involving the entire confiscation process, and not only focus on the confiscation powers awarded to the courts. Challenges relating to efficiency exist along the entire process, from the stage of financial investigations to the enforcement stage. Some of the methods used for confiscating criminal proceeds are becoming very far-reaching and raise concerns related to basic principles of criminal law and criminal procedural law. Research limitations/implications This paper is not based on empirical research relating to, for example, the efficiency of confiscation. More empirical research would, however, be welcome in this field. Practical implications The paper suggests that the efficiency of asset confiscation is contingent on the entire confiscation chain functioning efficiently. Before new and more repressive measures are introduced, the existing legal framework should be fully deployed and the concrete needs for new tools clearly delineated. Originality/value The paper analyses confiscation with a view to the entire chain rather than merely looking at a particular confiscation scheme.
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Kozlovskaya, Margarita G. "Criminal community: crimonological approach." Law Enforcement Review 4, no. 2 (June 30, 2020): 109–16. http://dx.doi.org/10.24147/2542-1514.2020.4(2).109-116.
Full textAbstract:
The subject of the research is the criminal community, its characteristics, and features
within the framework of criminology.
The purpose of the research is to confirm or disprove hypothesis that a criminal community
as a criminological phenomenon is nor equal to a criminal organization or an organized
criminal group
Methodology. The author uses general theoretical methods (comparative analysis, generalization, deduction) and specific methods (formal legal interpretation of legal acts, questionnaires).
The main results, scope of application. A criminal organization and a criminal community
are different criminological phenomena that differ from each other in significant ways. The
differences are both in the degree of criminal organization, and the complexity of the structure of internal and external interaction. From the point of view of a systematic approach,
a criminal community is not only a more complex system compared to a criminal organization. It is characterized by an improved structure of internal interaction, in which the hierarchical structure is either complicated, or replaced or supplemented by a network structure. The peculiarity is to complement the system approach with a synergistic one: in the
criminal community, the pooling of criminal efforts is carried out more effectively, mainly
in the sphere of external relations. The criminal community is a more open system compared to the criminal organization. Certain features can be identified in the contacts of criminal community members with the external environment. The most important feature is a
symbiosis of criminal and legal practices that affects the life of entire regions or relatively
large masses of the population. The criminal community is a purposeful system with its own
specifics. And this specificity is seen in the fact that the criminal community pursues (secretly or openly, at the moment or in the foreseeable future) the achievement of political
goals, namely: the possession of power, infiltration into power, undermining power, its capture and retention. It is power, not wealth, that is the real goal of the criminal community,
and not just because it is easily converted into wealth. Power is valuable in itself, because
it also gives a lot of other advantages. Conclusions. A criminal community cannot be reduced to a criminal organization, much less
– to an organized criminal group, and this conclusion requires to be included into legislation.
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Vorobei, Svetlana Nikolaevna. "Problems of legal regulation of a procedure of seizing electronic media and copying information." Полицейская и следственная деятельность, no. 2 (February 2021): 26–31. http://dx.doi.org/10.25136/2409-7810.2021.2.30662.
Full textAbstract:
The research subject is the provisions of criminal law regulating the procedure of seizing electronic media and copying information. The article considers the problems faced by investigators connected with the seizure of electronic media during the investigation, copying the information they contain, and the related changes in the investigation practice caused by the introduction of article 164.1 into the Criminal Procedure Code. The purpose of the research is, based on the analysis of the Federal Law of December 27, 2018 No 533, which had amended the Criminal Procedure Law with the article 164.1 “The peculiarities of seizing electronic media and copying information they contain during investigative activities”, and law-enforcement practice in this field, to define the scope of the most urgent problems and develop the ways how to solve them. The research methodology is based on general scientific and specific research methods of cognition: the comparative-legal and formal-logical analysis, modeling, induction, deduction, etc. The scientific novelty of the research consists in the comprehensive and system-based study of the issues and problems of criminal legislation and law-enforcement practice connected with seizing electronic media and copying information they contain, and in the development of the key suggestions about amending the current legislation.
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Keatley, David, and David D. Clarke. "Waypoint sequencing: simplifying behaviour sequence analysis for criminal cases." Journal of Criminal Psychology 11, no. 1 (February 15, 2021): 72–82. http://dx.doi.org/10.1108/jcp-08-2020-0035.
Full textAbstract:
Purpose While behaviour sequence analysis (BSA) is popular, it is not without limitations, namely, the level of detail required and time taken to run analyses; therefore, this paper aims to outline a novel method, using 30 serial homicide cases as a worked example. Design/methodology/approach Temporal analysis methods are becoming increasingly popular in applied forensic and criminological research. In recent years, BSA has become a widely used approach. Findings Waypoint sequencing provides a streamlined version of the traditional BSA approach, allowing for fewer behaviours to be included and providing a clearer overview of the main behaviours of interest. Practical implications Waypoint sequencing is shown in the current paper through serial killer research to show how to conduct the analyses and how it is effective in current investigations by expediting the process and allowing quicker analysis to facilitate current investigations. Originality/value The current research provides a novel approach to sequence analysis that is more useful in applied settings as it requires fewer behaviours or events than traditional BSA.
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Zayceva, Ol'ga Anatol'evna. "Examination and subsequent evaluation of criminal case materials by the prosecuting attorney as the basis for effective organization of the judicial inquiry." Право и политика, no. 9 (September 2020): 249–61. http://dx.doi.org/10.7256/2454-0706.2020.9.33607.
Full textAbstract:
The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.
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Kopylova, E. A. "The Expertise Function of Amicus Curiae in International Criminal Justice." Moscow Journal of International Law, no. 3 (December 26, 2020): 115–29. http://dx.doi.org/10.24833/0869-0049-2020-3-115-129.
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INTRODUCTION. While abroad over the past decades both comprehensive research and publications touching on individual aspects of amicus curiae in international law have been edited, it garnered only very little scholarly attention in Russian scientific literature. The frequency of its use and the nature of its impact on international judicial and quasi-judicial proceedings vary among branches of international law. This article considers one of the functions that an amicus curiae may perform in international criminal proceedings – the function of expertise.MATERIALS AND METHODS. The article is based on the existing volume of scientific knowledge in different branches of international law, such as law of international treaties, international criminal law, law of international organizations, human rights law, international economic law, history of international law and others. The research is based on the conclusions and inferences achieved mainly in the foreign doctrine of international law including publications of this year, due to the low degree of development of the topic in Russian literature. The empirical basis of the research is formed by international legal acts, internal acts of international criminal tribunals, materials of proceedings relating to interstate disputes, international advisory proceedings, practice of international criminal courts. The methodology used is a combination of general scientific methods of cognition (methods of analysis and synthesis, induction and deduction, critical and dialectical) and private scientific methods typical for legal sciences (historical, comparative).RESEARCH RESULTS. International criminal courts actively rely on the amicus curiae mechanism to obtain information, both legal and factual, on issues under consideration in criminal proceedings. The admission of amicus curiae to international criminal proceedings is entirely at the discretion of the judiciary. In practice, amicus curiae applications are submitted by subjects of international law, international non-governmental organizations, natural and legal persons and professional associations.DISCUSSION AND CONCLUSIONS. Too frequent use of amicus curiae mechanism seems to be difficult to reconcile with the iura novit curia maxima. Its current practice provides fertile ground for all kinds of abuse and needs to be reviewed. In particular, the experience of the UN International Court of Justice, the International Tribunal for the Law of the Sea and the UN Commission on International Trade Law could be instructive in this regard.
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Krasinskaya, Elena. "Certains aspects of using a lies detector for the investigation of crimes." Полицейская деятельность, no. 3 (March 2021): 13–23. http://dx.doi.org/10.7256/2454-0692.2021.3.35751.
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The author describes particular theoretical aspects of psychophysiological research with the help of a lie detector, and their role in the investigation of crimes. The research object is the current condition of the theory and practice of using a polygraph. The research subject is the problems of using the results of lie detector testing, their interpretation and role in criminal investigation. The purpose of the research is to study the principles of using, and the options of a lie detector and polygraph examiners, and to define the importance of such a type of research for the investigation of crimes. The research methodology is based on general scientific research methods including analysis and generalization, and specific methods: observation and analysis of psychodiagnostic research. The scientific novelty of the research consists in the comprehensive analysis of the theory and practice of using a polygraph based on the case studies of particular investigations. The author arrives at the conclusion about a further analysis of legal, technical and practical problems of using a polygraph in criminal proceedings, for the purpose of the consideration of the idea about the legislative consolidation of such a research as a proof, which determines the importance of the topic of the research. The practical importance consists in the possibility to use the research results during the evaluation of the polygraph testing and the consideration of the examiner’s report as a proof in the criminal investigation.
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Lapshin, V. F., and R. V. Kilimbaev. "Incomplete crime as an object of humanization of the Russian criminal legislation." Law Enforcement Review 5, no. 1 (April 17, 2021): 173–84. http://dx.doi.org/10.52468/2542-1514.2021.5(1).173-184.
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The subject. The article is devoted to the problems of simultaneous harmonization between the policy of humanization of the Russian criminal law and the reduction of the crime rate in society. The institute of incomplete crime is proposed as one of the promising areas of humanization of criminal legislation. The authors analyze the norms of the Russian Criminal Code which determine the essence of an incomplete crime, as well as the specifics of imposing punishment for its commission. The subject of the research also includes the strategic provisions of the Russian legislation, which reflect the main directions of the implementation of contemporary criminal policy, its goal and objectives. The purpose of the article is to confirm or dispute hypothesis that it is inadmissible to criminalize the actions committed at the stage of preparation for the commission of an intentional crime, as well as it is admissible to mitigate the liability for attempted crime. Research methodology and techniques are represented by a number of general scientific and specific scientific methods of cognition, used primarily in humanitarian research. The establishment of regularities between the growth of crime rates and the degree of criminalization, determined in the current criminal legislation, is ensured by the use of the dialectical method of cognition. The methods of analysis and synthesis were used to compare statistical data on the state of crime in Russia and the dynamics of the number of convicts serving imprisonment. Various methods of formal logic were applied in the process of evaluating measures aimed at ensuring the humanization of modern Russian criminal legislation. The method of comparative legal research was used to study the content of the norms on responsibility for an incomplete crime. The result of the study is proof of the necessity to decriminalize actions that are currently defined as "preparation for the commission of a grave or especially grave crime." The necessity of a significant reduction in the degree of punitive criminal-legal impact on persons found guilty of an attempt to commit an intentional crime has been substantiated. Conclusions. It as expedient to partially decriminalize an incomplete crime and exclude this institution from the General Part of the Russian Criminal Code. This decision fully complies with the fundamental principles of criminal law: legality, guilt, justice, and will also ensure the effectiveness of the implementation of the modern policy of humanizing Russian criminal legislation.
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GRIFFITH, JAMES D., LEA T. ADAMS, LUCY L. GU, CHRISTIAN L. HART, and PENNEY NICHOLS-WHITEHEAD. "STUDENTS’ ATTITUDES TOWARD STATISTICS ACROSS THE DISCIPLINES: A MIXED-METHODS APPROACH." STATISTICS EDUCATION RESEARCH JOURNAL 11, no. 2 (November 30, 2012): 45–56. http://dx.doi.org/10.52041/serj.v11i2.328.
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Students’ attitudes toward statistics were investigated using a mixed-methods approach including a discovery-oriented qualitative methodology among 684 undergraduate students across business, criminal justice, and psychology majors where at least one course in statistics was required. Students were asked about their attitudes toward statistics and the reasons for their attitudes. Five categories resulted for those with positive and negative attitudes and were separated on the basis of discipline. Approximately 63% of students indicated a positive attitude toward statistics. Business majors were most positive and were more likely to believe statistics would be used in their future career. Multiple methodological approaches have now provided data on the various domains of attitudes toward statistics and those implications are discussed.
First published November 2012 at Statistics Education Research Journal: Archives
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Denysov, Serhiy, and Maksym Puzyrevskyi. "METHODOLOGICAL FUNDAMENTALS OF DOMESTIC CRIMINAL SCIENCE: FORMATION OF COMPARATIVE METHOD DURING THE MIDDLE OF XIX – EARLY XX CENTURY." Law Journal of Donbass 74, no. 1 (2021): 104–13. http://dx.doi.org/10.32366/2523-4269-2021-74-1-104-113.
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The paper raises the question of a current role of methodology domestic criminal law and criminal law research. Methodological problems of criminal law are analyses, in particular the process of formation of the comparative (comparative) method in the works of criminologists of the middle of the XIX – beginning of the XX century. It is emphasizes that the comparative method of cognition contributes to the development of national domestic law, in particular, criminal law, as the above method is potentially the powerful driving force for its transformation. It is the most effective way to establish the patterns of development of law, by comparing legal phenomena at different times in different countries. It is possible to predict qualitative changes in foreign and domestic law in the future by having established a certain pattern of such development, it is possible to predict qualitative changes in foreign and domestic law in the future. Comparative analysis in the field of criminal law has many useful manifestations. For example, for a domestic legislator, it can be a source of important information about the legislative regulation of similar criminal relations in other countries. Such an analysis can be useful to the judiciary by clearly demonstrating the advantages or disadvantages of alternative ways of interpreting criminal law in foreign jurisdictions. Ukrainian legal doctrine, in turn, would only benefit from new theoretical knowledge and scientific approaches to solving modern problems of criminal liability. Not to mention the representatives of higher legal education, who with the help of a comparative (comparative) method will be able to teach future Ukrainian law enforcement and law enforcement officers to think critically and comprehensively, significantly expanding their professional horizons. The paper focuses on the fact that a methodology of the modern science of criminal law is a complex and multi-faceted institution that covers: a) analysis of a criminal law language; b) the structure and operative system of research methods applied in the criminal law; c) a conceptual frame of criminal law; d) laws of appearance, functioning and changes of scientific legal theories and doctrines in criminal law; e) problems of a structure of scientific knowledge in criminal law and scientific theories (constructions). The authors emphasizes that it is in the process of comparative (comparative) cognition that researchers have an ideas and suggestions for improving the functioning of domestic and foreign criminal legislation.
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Azarov, Vladimir A., and Natalya I. Revenko. "Review of the Monograph by R.G. Ardashev, N.N. Kitaev." Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 111–13. http://dx.doi.org/10.24147/1990-5173.2020.17(4).111-113.
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Introduction. The paper reflects the results of reviewing the monograph by R.G. Ardashev and N.N. Kitaev “Post-Criminal Suicide of Murderers: Forensic Support of Investigation” (Ulan-Ude, The Publishing House of Buryat State University, 2020. 216 p.). Results. The authors analyzed and confirmed the relevance and scientific novelty of the proposed methodology for investigating murders associated with subsequent suicide of the criminal, typical investigative situations depending on the time of post-criminal suicide. Typical investigative versions and algorithms of the investigator's actions for their verification, including a set of investigative and other measures, are highlighted. The article analyzes the tactical features of conducting an examination of the scene of an accident and interrogation, as well as relevant forensic examinations, and indicates the need to use various methods of pathological, anatomical, and anthropological research. The review gives a high assessment of the practical significance of the monographic research, which contains appropriate information and methodological support for the investigation of crimes of this category.
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G. Khairullina, Rezeda, Sergey V. Kondratyuk, Albina B. Sergeeva, and Guzel I. Iskhakova. "APPLICATION OF A PRELIMINARY (PRE-TRIAL) CRIMINAL PROCEEDINGS MODELING METHOD." Humanities & Social Sciences Reviews 7, no. 4 (October 9, 2019): 1160–62. http://dx.doi.org/10.18510/hssr.2019.74158.
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Purpose: The article conducts the study application of a preliminary (pre-trial) criminal proceedings modeling method.
Methodology: We have shown the important role of blended learning in the maintenance and development of the subject-subject model of interaction between students and teachers. The implementation of subject-subject interaction was considered on the example of the discipline "General and professional pedagogy", the electronic course of which is presented on the Moodle platform.
Result: In our opinion, the main problem lies in the fact that the investigator constantly has to deal with various kinds of situations that need to be properly perceived, professionally analyzed, and, as quickly as possible, create a complete picture of what happened, however, it is not always possible. For this purpose, the subject of the investigation should use the entire arsenal of available methods, means, and methods that would allow knowing the event that occurred.
Applications: This research can be used for universities, teachers, and students.
Novelty/Originality: In this research, the model of application of a preliminary (pre-trial) criminal proceedings modeling method is presented in a comprehensive and complete manner.